25.—(1) A reference to a controlled activity relating to children must be construed in accordance with this Article.
(2) An activity which falls within any of paragraphs (3) to (7) is a controlled activity to the extent that it is not a regulated activity relating to children.
(3) An activity falls within this paragraph if—
(a)it consists in or is carried out in connection with any form of health care, treatment or therapy to which paragraph (8) applies,
(b)it is carried out frequently by the same person or it is carried out by the same person on more than [F1three] days in any period of 30 days, and
(c)it gives the person an opportunity mentioned in paragraph (9).
(4) An activity falls within this paragraph if—
(a)it is carried out in an institution of further education,
(b)it is carried out frequently by the same person or it is carried out by the same person on more than [F1three] days in any period of 30 days,
(c)it is carried out by the person while engaging in any form of work (whether or not for gain),
(d)it is carried out for or in connection with the purposes of the institution, and
(e)it gives the person the opportunity mentioned in paragraph (9)(a).
(5) An activity falls within this paragraph if—
(a)it consists in making payments under Article 18C of the Children Order or the provision of assistance either in connection with the making of such payments or securing the provision of services paid for out of them,
(b)it is carried out frequently by the same person or it is carried out by the same person on more than [F1three] days in any period of 30 days, and
(c)it gives the person the opportunity mentioned in paragraph (9)(a).
(6) An activity falls within this paragraph if it is carried out as mentioned in paragraph (10) frequently and it gives a person carrying out the activity the opportunity to have access to—
(a)health, educational or [F2social care] records relating to children;
(b)information provided pursuant to Article 24 of the Education (Northern Ireland) Order 2006 (NI 11);
(c)in the case of a person carrying out an activity mentioned in paragraph [F3(10)(b)], records of family proceedings (within the meaning of Article 8(3) of the Children Order) held by an [F4HSC body].
(7) An activity falls within this paragraph if it consists in or involves on a regular basis the day to day management or supervision of a person carrying out an activity which falls within paragraph (3), (4) or (6).
(8) This paragraph applies to health care, treatment or therapy which is provided for a child—
(a)in pursuance of arrangements made by or under a statutory provision,
(b)in an establishment in relation to which a requirement to register arises under Article 12 of the 2003 Order, or
(c)by an agency in relation to which such a requirement arises.
(9) The opportunities are—
(a)opportunity to have any form of contact with children;
(b)opportunity to have access to the health records of children.
(10) The activity is carried out—
(a)for, or on behalf of, an education and library board;
(b)for, or on behalf of, an [F4HSC body] in the exercise of its functions relating to [F2social care];
(c)for, or on behalf of, the Council for the Curriculum, Examinations and Assessments;
(d)for, or on behalf of, inspectors appointed under Article 102 of the Education and Libraries (Northern Ireland) Order 1986;
(e)for, or on behalf of, an establishment or agency in respect of which a requirement to register arises under Article 12 of the 2003 Order.
(11) In this Article “ [F2social care] records” means records obtained or held by an [F4HSC body] in the exercise of its functions relating to [F2social care].
(12) The Secretary of State may, by order, amend paragraphs (2) to (11) (including by adding new paragraphs or omitting or varying any of the paragraphs or anything contained in them).
Textual Amendments
F1Word in art. 25(3)(4)(5) substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 11
F2Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(a) (with Sch. 6 para. 1(2)(3)); S.R. 2009/114, art. 2
F3Words in art. 25(6)(c) substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(4)
F4Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)
Commencement Information
I1Art. 25 wholly in operation at 7.4.2010; art. 25 not in operation at date of making see. art. 1(3); art. 25 in operation for certain purposes at 13.3.2009 by S.R. 2009/41, art. 3(2)(b); art. 25 in operation for certain purposes at 12.10.2009 by S.R. 2009/346, art. 3, Sch.; art. 25 in operation at 7.4.2010 in so far as not already in operation by S.R. 2010/145, art. 2